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SCHEDULES

SCHEDULE 5E+W+S+N.I. Terrorist Investigations: Information

Part IE+W+N.I. England and Wales and Northern Ireland

SearchesE+W+N.I.

3(1)Subject to sub-paragraph (2), a police officer of at least the rank of superintendent may by a written authority signed by him authorise a search of specified premises which are wholly or partly within a cordoned area.E+W+N.I.

(2)A constable who is not of the rank required by sub-paragraph (1) may give an authorisation under this paragraph if he considers it necessary by reason of urgency.

(3)An authorisation under this paragraph shall authorise any constable—

(a)to enter the premises specified in the authority,

(b)to search the premises and any person found there, and

(c)to seize and retain any relevant material (within the meaning of paragraph 1(3)) which is found on a search under paragraph (b).

(4)The powers under sub-paragraph (3)(a) and (b) may be exercised—

(a)on one or more occasions, and

(b)at any time during the period when the designation of the cordoned area under section 33 has effect.

(5)An authorisation under this paragraph shall not authorise—

(a)the seizure and retention of items subject to legal privilege;

(b)a constable to require a person to remove any clothing in public except for headgear, footwear, an outer coat, a jacket or gloves.

(6)An authorisation under this paragraph shall not be given unless the person giving it has reasonable grounds for believing that there is material to be found on the premises which—

(a)is likely to be of substantial value, whether by itself or together with other material, to a terrorist investigation, and

(b)does not consist of or include excepted material.

(7)A person commits an offence if he wilfully obstructs a search under this paragraph.

(8)A person guilty of an offence under sub-paragraph (7) shall be liable on summary conviction to—

(a)imprisonment for a term not exceeding three months,

(b)a fine not exceeding level 4 on the standard scale, or

(c)both.

Annotations:

Modifications etc. (not altering text)

C1Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, Sch. 1 Pt. 1 para. 71; S.I. 2003/708, art. 2

C2Sch. 5 para. 3: power(s) of seizure extended (1.4.2003) by 2001 c. 16, ss. 51-54, 68, Sch. 1 Pt. 2 para. 83; S.I. 2003/708, art. 2

C3Sch. 5 para. 3 modified (1.4.2003) by 2001 c. 16, ss. 55, 68, Sch. 1 Pt. 3 para. 109(1) (with s. 57(3)); S.I. 2003/708, art. 2